Kerala High Court on Land Boundary Demarcation: Tahsildar Directed to Act on Pending Application.

Headnote:

The Kerala High Court directed the Tahsildar of Kunnathoor Taluk to take prompt action on the petitioner’s pending application seeking measurement and demarcation of his property boundaries. Observing that the petitioner’s request under Form No. 10 had remained unattended despite reminders, the Court held that the competent authority is duty-bound to consider and dispose of such applications within a reasonable timeframe in accordance with the Kerala Survey and Boundaries Rules.

Background:

• The petitioner, Rejimon G, aged 51, a resident of Poruvazhy, Kollam, filed an application (Ext.P2) before the Tahsildar, Kunnathoor Taluk, seeking measurement and demarcation of the boundaries of his property, supported by a valid land tax receipt (Ext.P1).

• As no action was taken, the petitioner submitted a reminder (Ext.P3) on 24.10.2025, requesting that his original application dated 13.04.2023 be considered.

• The grievance before the Court was the inaction of the revenue authorities, particularly the Tahsildar, in addressing his legitimate request under Form No. 10 of the Kerala Survey and Boundaries Act, 1961.

Court’s Observations:

• The Court found merit in the petitioner’s complaint, noting that his application had been pending for a considerable period without any response or administrative action.

• Justice C. Jayachandran emphasized that the Tahsildar, being the statutory authority, is obligated to consider such applications for demarcation and take necessary steps as per law.

• The Court directed the 3rd respondent (Tahsildar, Kunnathoor Taluk) to consider and act upon Ext.P2 application expeditiously and in accordance with legal procedure.

• A clear time limit of two months from the date of receipt of the judgment was prescribed for compliance.

• The petitioner was permitted to produce a copy of the judgment before the Tahsildar to facilitate timely execution.

Held:

The writ petition was disposed of with a direction to the Tahsildar, Kunnathoor Taluk, to consider and take appropriate action on the petitioner’s pending application (Ext.P2) within two months, ensuring adherence to procedural fairness and efficiency.

Legal Provisions Discussed:

• Kerala Survey and Boundaries Act, 1961 – Provisions governing survey, demarcation, and settlement of boundary disputes.

• Article 226, Constitution of India – High Court’s power to issue writs for enforcement of legal and statutory rights.

Citation: 2025:KER:84824

Case: Rejimon G v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Justice C. Jayachandran

Date of Decision: 7 November 2025

Writ Petition (C) No.: 41696 of 2025